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Corporate Governance in the Financial Services Industry - Is there still a Role for Self-Regulation?

Abstract

The financial crisis had a significant impact on the financial services industry from both an economic as well as a regulatory point of view. While the market conditions deteriorated and never bounced back to a pre-crisis level, the regulatory impact has been substantial since a “wave” of new regulation hit the industry. When analyzing in particular the European environment, this new wave of regulation consists of announced reviews of existing regulation but in particular new ad-hoc legislation. Against this background, the paper reviews the changing relationship between state regulation and self-regulation by focussing on the structural and dogmatic shift which can be observed in the sense that self-regulation is continuously pushed aside by detailed and very technical state regulation.

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Author

Portrait image of Armin Kammel
Armin Kammel
Senior Manager, Financial Services Advisory, KPMG Austria GmbH, Austria

Dr. Armin J. KAMMEL, LL.M. (London), MBA (CLU), is Head of Legal & International Affairs with the Austrian Association of Investment Fund Management Companies (VÖIG) in Vienna. In addition to this, Dr. Kammel is Honorary Professor and Faculty Member at Danube University Krems, Austria and Adjunct Faculty Member at California Lutheran University (CLU). His research areas are European and US banking law, securities regulation, corporate law, regulatory theory and the Economic Analysis of the Law. Dr. Kammel has published extensively in these areas.

Company

KPMG Austria GmbH logo

KPMG Austria GmbH

The Association of Austrian Investment Companies (Vereinigung Österreichischer Investmentgesellschaften, VÖIG) was founded on 20 January 1988, and is the umbrella organisation for all Austrian investment fund management companies and all Austrian real estate investment fund management companies. VÖIG represents 100% of the fund assets managed by the Austrian investment fund management companies and real estate investment fund management companies. It is located in Vienna and is an active member of EFAMA at European and IIFA at international level. See www.voeig.at.

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